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Church of England (Pensions) Measure 1988 (No. 4)

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This is the original version (as it was originally enacted).

Church of England (Pensions) Measure 1988 (No. 4)

1988 No. 4

A Measure passed by the General Synod of the Church of England to amend the Clergy Pensions Measures 1961 to 1982, and for connected purposes.

[27th October 1988]

1Pensions

(1)For section 1 of the 1961 Measure (entitlement of clergy to pensions) there shall be substituted the following section—

1Entitlement to pensions of clerks in Holy Orders, deaconesses and licensed lay workers

(1)Subject to the provisions of this Measure, any clerk in Holy Orders, deaconess or licensed lay worker (hereafter in this Measure referred to as a “scheme member”) who retires on or after the date on which section 1 of the Church of England (Pensions) Measure 1988 comes into force after performing a qualifying period of pensionable service shall be entitled to receive from the Commissioners for the remainder of his life—

(a)if he retires on or after the retiring age, a pension at the rate applicable to him under Part I of Schedule 1 to this Measure;

(b)if he retires before attaining the retiring age on the ground that he has become incapable through infirmity of performing the duties of his office or if, having ceased to perform pensionable service before attaining that age and not being in receipt of a pension in respect of that service, he subsequently before attaining that age satisfies the Board that he has become incapable through infirmity of performing pensionable service, a pension at the rate applicable to him under Part II of that Schedule;

(c)if he retires (otherwise than by reason of infirmity) before attaining the retiring age but not more than five years before he would have attained that age, after having given not less than three months' notice in writing of his intention to do so to the Board, a pension at the rate applicable to him under Part III of that Schedule.

(2)Subject to the provisions of this section, for the purposes of this Measure—

(a)“pensionable service” means—

(i)stipendiary ecclesiastical service within the area to which this Measure applies in connection with a diocese, cathedral or parish, or in connection with the collegiate churches of Westminster or Windsor, except service in respect of which a clerk, deaconess or licensed lay worker is a member of any pensions scheme other than an approved scheme; or

(ii)service which is treated as pensionable service by virtue of an agreement under subsection (3) or (4) below or is treated as having been performed by virtue of subsection (5) below;

(b)“a qualifying period of pensionable service” means—

(i)a period of pensionable service of not less than two years or a succession of periods of such service (whether with or without intervals) amounting in the aggregate to not less than two years, or

(ii)if in exceptional circumstances the Board with the concurrence of the Commissioners determine that in the case of an individual scheme member pensionable service for a period shorter than two years, or for a succession of periods amounting in the aggregate to a period shorter than two years, should be treated as a qualifying period, pensionable service for that shorter period; and

(c)ecclesiastical service is stipendiary if the scheme member receives in respect of that service—

(i)a payment from the Commissioners' general fund, including any payment out of that fund by way of a guaranteed annuity under section 1 of the Endowments and Glebe Measure 1976 or an annual personal grant under section 2 of that Measure;

(ii)a payment from any diocesan fund; or

(iii)a payment from money raised in the parish and given for or allocated to the maintenance of that scheme member,except that ecclesiastical service is not stipendiary if the only payment received by the scheme member is made to him by way of reimbursement of or contribution to expenses incurred by the scheme member, including the cost of maintaining, heating,lighting and cleaning the property in which he lives or is entitled to live.

(3)The Board may enter into an agreement with any clerk, deaconess or licensed lay worker or with the employer of any clerk, deaconess or licensed lay worker under which service performed by the clerk, deaconess or lay worker which is service to which this subsection applies but is not pensionable service under subsection 2(a)(i) above is treated as pensionable service for the purposes of this Measure, and any such agreement may if the Board thinks fit require the clerk, deaconess or lay worker concerned or, as the case may be, the employer to pay to the Commissioners such sum or sums of money as the Board may determine having regard to the nature of the service performed and to the cost of treating that service as pensionable service.

The service to which this subsection applies is—

(a)service as a clerk, deaconess or licensed lay worker, or

(b)service otherwise in furtherance of the spiritual or administrative work of the Church of England,

whether performed within or outside the area to which this Measure applies, except service in respect of which the clerk, deaconess or licensed lay worker concerned is a member of any pensions scheme other than an approved scheme.

(4)Where a clerk, deaconess or licensed lay worker ceases to be a member of a pensions scheme, other than an approved scheme, without becoming entitled to any retirement benefit under it, the Board may enter into an agreement with the clerk, deaconess or lay worker under which the service in respect of which he was a member of that scheme is treated as pensionable service for the purposes of this Measure, and any such agreement may, if the Board thinks fit, require the clerk, deaconess or lay worker concerned to pay to the Commissioners such sum or sums of money as the Board may determine.

(5)Where there is an interval not exceeding three months or such longer interval as the Board may in exceptional circumstances allow between two periods of pensionable service performed by any scheme member, then for the purpose of determining whether that scheme member has performed a qualifying period of pensionable service or of determining the length of the qualifying period of pensionable service performed, he shall be treated as having performed pensionable service during that interval; and if the pensionable service on one or both sides of the interval is part-time service, he shall be treated as having performed during that interval service either of the nature performed by him before the interval or of that performed by him afterwards, whichever is of greater benefit to the scheme member.

(6)Where the pensionable service performed by a scheme member is being performed under the direction of a diocesan bishop, the notice required to be given under subsection (1)(c) above shall be given to that bishop as well as to the Board.

(7)In this section “approved scheme” means a pensions scheme approved by the Board and the Church Commissioners for the purposes of this section.

(8)For the purposes of subsection (1) above a scheme member who ceases to perform pensionable service before attaining the retiring age and subsequently satisfies the Board that he has become incapable through infirmity of performing such service shall be deemed to have retired on the date on which the Board determines that they are so satisfied.

(2)For Schedule 1 to the 1961 Measure there shall be substituted Schedule 1 to this Measure.

2Suspension or reduction of pension in case of service after retirement

In section 4 of the 1961 Measure (suspension or reduction of pension in case of service after retirement)—

(a)for subsections (1) and (2) there shall be substituted the following subsection—

(1)If a scheme member who—

(a)is in receipt of a pension under this Measure, and

(b)has not attained, in the case of a woman, the age of 65 years or, in the case of a man, the age of 70 years,

performs after retirement service which is pensionable service, the Board shall have power to suspend or reduce that pension as they think fit.;

(b)in subsections (3) and (4) for the word “clerk” there shall be substituted the words “scheme member”.

3Pensions for widows and widowers

For section 10 of the 1961 Measure (pensions for widows) there shall be substituted the following section—

10Pensions for widows and widowers

(1)Subject to the provisions of this section, where a scheme member who has performed a qualifying period of pensionable service dies on or after 1st April 1988 leaving a widow or widower, the widow or widower shall be entitled to receive from the Board for the remainder of her or his life a pension equal to two-thirds of the deceased scheme member’s pension.

(2)Where the deceased scheme member’s marriage took place after his or her retirement from pensionable service and within six months of his or her death, the widow or widower shall not be entitled to a pension under this section, but the Board may if they think fit grant a pension to the widow or widower.

(3)The Board may if they think fit in exceptional circumstances grant a pension to the widow or widower notwithstanding that the deceased spouse had performed less than two years' pensionable service.

(4)The Board may if they think fit discontinue the payment of a pension to a widow or widower who re-marries and may if they think fit resume the payment of a pension terminated on remarriage.

4Pensions for children

Section 10A of the 1961 Measure (pensions for children) shall have effect subject to the following amendments—

(a)for subsection (1) there shall be substituted the following subsection—

(1)Subject to the provisions of this section, where a scheme member who has performed a qualifying period of pensionable service dies on or after 1st April 1988 leaving a child who has not attained the age of eighteen, the child shall be entitled to receive from the Board a pension of the following amount, that is to say—

(a)if the scheme member dies leaving a widow or widower, a pension equal to one sixth of the deceased scheme member’s pension; or

(b)if the scheme member did not leave a widow or widower or if the widow or widower is dead, a pension equal to one third of the deceased scheme member’s pension.;

(b)in subsection (2) for the word “clerk” in both places where it occurs there shall be substituted the words “scheme member”, for the words “clerk’s pension” there shall be substituted the words “scheme member’s pension” and after the word “widow” there shall be inserted the words “or widower”;

(c)in subsection (4) for the word “clerk” there shall be substituted the words “scheme member” and for the words “clerk’s death” there shall be substituted the words “scheme member’s death”;

(d)in subsection (7) for the word “clerk” there shall be substituted the words “scheme member” and for the word “five” there shall be substituted the word “two”;

(e)in subsection (8) for the words “clerk if the widow of that clerk” there shall be substituted the words “scheme member if the widow or widower of that member.”

5Extension of powers to make lump sum payments

In section 3 of the Clergy Pensions (Amendment) Measure 1967 (power to make lump sum payments to clerks entitled to pensions under Part I of the 1961 Measure)—

(a)in subsection (1) for the word “clerks” there shall be substituted the words “scheme members”;

(b)after subsection (1) there shall be inserted the following subsection—

(1A)As from such date as may be specified in rules made under this section, the Commissioners may, subject to and in accordance with such rules, authorise the Board to make lump sum payments on the death of scheme members.

6Restrictions on payments to personal representatives of deceased clerk under s. 7 of 1961 Measure

No payment shall be made by virtue of subsections (1) and (7) of section 7 of the 1961 Measure to the personal representatives of a deceased clerk in respect of—

(a)any sum paid by the clerk on or after the date on which this section comes into force under an agreement made by him under section 1(3) or (4) of the 1961 Measure, or

(b)any sum received on or after that date under reciprocal arrangements made in respect of that clerk under section 41 or 42 of the 1961 Measure.

7Termination of contributory pension scheme for widows and children under s. 11 of 1961 Measure

(1)Sections 11, 12 and 13 of the 1961 Measure (which provide for the payment of contributions towards pensions for widows and children of clergy ordained after 1947 and before 22nd March 1967) shall cease to have effect and no further contribution or other sum of money shall be paid by any clerk under the said section 11 or 13.

(2)Where the liability of any clerk to make any payment ceases by virtue of subsection (1) above, the benefits to which his widow and children (if any) would have been entitled on his death, if the liability had not ceased, shall be paid at such reduced rate as an actuary may certify to be proper.

(3)Section 1 of the [1967 No. 1.] Clergy Pensions (Amendment) Measure 1967 (which limits the application of section 11 of the 1961 Measure and makes provision for the cessation of payment of contributions under that section) shall cease to have effect.

8Termination of payment of contributions begun under Part II of Clergy Pensions Measure 1948

(1)Section 14 of the 1961 Measure (contributions for pensions for widows and dependants paid under Part II of the Clergy Pensions Measure 1948) shall cease to have effect and no further contribution shall be paid by any clerk under that section.

(2)Where a clerk has ceased to pay contributions under the said section 14 by virtue of subsection (1) above, the benefits to which his widow, nominated dependant or personal representatives would have been entitled on his death if the contributions had continued to be paid until the clerk’s attainment of the age of seventy years, his entering upon the receipt of a pension by reason of infirmity or his death, whichever first occurs, shall be paid at such reduced rate as an actuary may certify to be proper.

9Termination of liability for contributions under agreements made under s. 15 of 1961 Measure

(1)The liability of any clerk to pay contributions under any agreement made by him with the Board under section 15 of the 1961 Measure for the payment of a pension to his widow or dependants shall cease and no further contributions shall be paid by him.

(2)Where the liability of a clerk to pay contributions under any such agreement ceases by virtue of subsection (1) above, the benefits to which his widow or any other beneficiary specified in the agreement would have been entitled on his death, if the liability had not ceased, shall be paid at such reduced rate as an actuary may certify to be proper.

10Provisions supplementary to ss. 7 to 9

(1)An actuary in certifying the proper rate of benefits to be paid under section 7, 8, or 9 of this Measure may take into account any arrears of contributions which have not been paid, and section 35(4) of the 1961 Measure shall not apply to any such arrears.

(2)A contribution paid under section 11 or 14 of the 1961 Measure shall in no circumstances be repaid to the clerk by whom it was paid.

(3)Nothing in this Measure shall affect the benefits payable on death in respect of contributions or any other sum paid under section 11, 13 or 14 of the 1961 Measure by a clerk who is alive on the date on which the relevant section ceases to have effect but has before that date ceased to pay those contributions, for whatever reason.

11Payments out of Commissioners' general fund

In section 17 of the 1961 Measure (payments out of Commissioners' general fund)—

(a)in subsection (1) after the word “Measure” there shall be inserted the words “or under section 3(1) of the Clergy Pensions (Amendment) Measure 1967”;

(b)in subsection (2) for the words “section 10 of this Measure” there shall be substituted the words “sections 10, 10A and 10B of this Measure or under section 3(1A) of the Clergy Pensions (Amendment) Measure 1967”;

(c)in subsection (3) for the words “retired clerks or to the widows and dependants of deceased clerks” there shall be substituted the words “retired scheme members or to the widows, widowers and dependants of deceased scheme members”.

12Extension of powers of Board relating to residences

(1)In section 26(1) of the 1961 Measure (provision of residences)—

(a)for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a)to provide, maintain and manage homes for the residence of retired clerks, deaconesses and licensed lay workers and the spouses of retired clerks, deaconesses and licensed lay workers;

(b)to provide, maintain and manage homes for the residence of the widows, widowers and dependants of deceased clerks, deaconesses and licensed lay workers;

(b)paragraph (e) shall be omitted.

(2)In section 26(3A) of the 1961 Measure (loans for residences)—

(a)for the words from the beginning of the subsection to the words “in any earlier resolution” there shall be substituted—

(3A)The Board shall have power to make a loan, on such terms as the Board think fit—

(a)to a clerk, deaconess or licensed lay worker who has retired or has attained the requisite age; or

(b)to the widow or widower of a deceased clerk, deaconess or licensed lay worker;

to assist him or her to purchase, build, rebuild or improve a dwelling-house (including a flat) in which he or she resides or is to reside, being a loan made on the security of the dwelling-house and in respect of a freehold interest or a leasehold interest the unexpired term of which is not less than sixty years; and any loan which the Board has power to make under this subsection to a person mentioned in paragraph (a) above may instead be made to the spouse of that person.

In this subsection “the requisite age” means three years below retiring age or such other age below retiring age as the General Synod may by resolution from time to time determine in relation to the retiring age for men or in relation to the retiring age for women.

(b)for the words “(3) A resolution under this subsection ” there shall be substituted the words “(3B) A resolution under subsection (3A) above”.

(3)In section 26(4) of the 1961 Measure for the words from the beginning of the subsection to the words “deceased church workers” there shall be substituted the words “The Board may defray any expenditure incurred by them in the exercise, for the benefit of retired clerks and their spouses or for the benefit of the widows, widowers or dependants of deceased clerks, of the powers conferred by the foregoing provisions of this section” and in paragraph (a) after the word “widows” there shall be inserted the word “widowers”.

13Membership of pensions schemes for church workers

In section 27 of the 1961 Measure (power of Board to administer pensions schemes for church workers) at the beginning there shall be inserted “(1)”, after the word “widows” there shall be inserted the word “widowers” and for the words from “A person who is a member of a scheme” to the end of the section there shall be substituted the following subsections—

(2)A deaconess or licensed lay worker who is performing, or has performed, service which is, or is treated as, pensionable service for the purposes of this Measure shall not be eligible to join a scheme established or administered under this section, unless the Board at their discretion grant the deaconess or lay worker permission to do so.

(3)The Board may at their discretion grant a clerk permission to join a scheme established or administered under this section.

(4)A person who is a member of a scheme established or administered under this section shall be disqualified from continued membership thereof if the service performed by that person becomes service which is, or is treated as, pensionable service for the purposes of this Measure.

14Investment powers of Board

In section 32 of the 1961 Measure (investment powers of Board)—

(a)for subsections (1) and (2) there shall be substituted the following subsections—

(1)Without prejudice to section 32A of this Measure, the Board may invest any moneys in their hands and available for investment—

(a)in any investment falling within Schedule 1 of the Trustee Investments Act 1961;

(b)in the acquisition of freehold land in England and Wales or of leasehold land in England and Wales of which the unexpired term at the time of acquisition is not less than sixty years, and

(c)in any investment fund or deposit fund constituted under the Church Funds Investment Measure 1958.

(2)The Board may retain any investment given to them by way of legacy or otherwise notwithstanding that it is not an investment which the Board would have power to acquire under subsection (1) above.;

(b)in subsection (3) for the words “any of the securities mentioned in paragraphs (r), (s) or (t) of subsection (1) of this section” there shall be substituted the words “any investment falling within Part III of Schedule 1 to the Trustee Investments Act 1961”;

(c)subsections (4) to (7), (9) and (10) shall be omitted and in subsection (8) all the definitions except the definition of “property” shall be omitted.

15Provisions as to accrued rights

After section 42 of the 1961 Measure there shall be inserted the following sections—

42APayments by Board in respect of accrued rights of former scheme members

(1)Where a scheme member has ceased to perform pensionable service (whether before or after the coming into force of this section) in circumstances such that he has acquired a right to a cash equivalent under Part II of Schedule 1A to the Social Security Pensions Act 1975, the Board shall have power to use that cash equivalent in whichever of the ways the scheme member chooses to exercise the option conferred on him by paragraph 13 of that Schedule.

(2) Where a scheme member has ceased to perform pensionable service (whether before or after the coming into force of this section) in circumstances such that a transfer premium in respect of the scheme member may be paid to the Secretary of State under regulations made under section 44A of the Social Security Pensions Act 1975, the Board shall have power to pay that transfer premium in accordance with the provisions of those regulations.

(3)Where a scheme member has ceased to perform pensionable service or has died (whether in either case before or after the coming into force of this section) in circumstances such that a contributions equivalent premium may be paid to the Secretary of State under section 42(2) or (3) of the Social Security Pensions Act 1975, the Board shall have power to pay that premium in accordance with the provisions of that Act.

(4)The Commissioners shall pay to the Board out of their general fund such sums as are required by the Board for payments made by them under this section.

42BRevaluation of accrued rights

(1)Where a scheme member who has acquired rights under this Measure has ceased to perform pensionable service (whether before or after the coming into force of this section) before attaining the retiring age, then if the revaluation condition is satisfied—

(a)any pension or other retirement benefit payable under this Measure to that member, as calculated at the date on which the member ceased to perform pensionable service, and

(b)any pension or other benefit payable under it to any other person in respect of that member, as so calculated,

shall be revalued in accordance with the provisions of paragraphs 2 and 6 of Schedule 1A to the Social Security Pensions Act 1975 or in accordance with such other method of revaluation, not being less favourable to the person to whom the benefit concerned is payable, as the Board may determine.

(2)In this section “the revaluation condition” has the same meaning as in Part I of Schedule 1A to that Act.

42CProvisions as to rights accrued under other schemes

Where any scheme member has acquired rights under a pensions scheme other than the scheme established by this Measure, the Board shall have power to accept any transfer payment made in respect of those rights and to use that payment for the acquisition for that scheme member of such rights under this Measure as an actuary may certify to be proper.

16Extension of powers of General Synod to make further provision by regulations for clergy pensions

In section 6 of the Clergy Pensions (Amendment) Measure 1972 (powers of General Synod to make further provision by regulations with respect to pensions for clergy and their widows and dependants)—

(a)for subsection (1) there shall be substituted the following subsection—

(1)The General Synod may, by regulations approved by the Synod under this section, make further provision with respect to—

(a)pensions and lump sum payments for or in respect of clergy and church workers;

(b)pensions for the widows, widowers and dependants of clergy and church workers;

(c)residences for retired clergy and church workers and for the spouses of retired clergy and church workers;

(d)residences for the widows, widowers and dependants of deceased clergy and church workers;

(e)any matter incidental or supplementary to the matters mentioned in paragraphs (a) to (d) above.;

(b)in subsection (2) for the words “Clergy Pensions Measures 1961 to 1969 and this Measure” there shall be substituted the words “Church of England (Pensions) Measures 1961 to 1988” and for the words “for the clergy and their widows” there shall be substituted the words “and lump sum payments for or in respect of the clergy and church workers and to pensions for their widows, widowers”;

(c)for subsection (3) there shall be substituted the following subsection—

(3)The provisions excepted from the last preceding subsection are Part III (excluding sections 26(1) to (3A), 27 and 32A) and section 38 of the principal Measure, section 4 of the Clergy Pensions (Amendment) Measure 1967 and this section (“the excepted provisions”), together with interpretation provisions of the principal Measure so far as they relate to the excepted provisions; and any reference in the excepted provisions to any provision of the principal Measure which is amended or replaced by regulations approved under this section shall be construed as a reference to, or as including a reference to, that provision as amended or replaced by those regulations.;

(d)for subsection (4) there shall be substituted the following subsections—

(4)Any regulations under this section shall be prepared by the Board and, with the concurrence of the Commissioners, shall be laid before the General Synod and shall not come into force until they have been approved by the General Synod, whether with or without amendment.

(4A)Where the Standing Committee of the General Synod determines that regulations laid before the General Synod under this section do not need to be debated by the Synod then, unless—

(a)notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the regulations to be debated, or

(b)notice is so given by any such member that he wishes to move an amendment to the regulations and at least twenty-five other members of the Synod indicate when the amendment is called that they wish the amendment to be moved,

the regulations shall for the purposes of this section be deemed to have been approved by the General Synod without amendment.

17Transfer of part of assets of Church Workers Pension Fund to Commissioners

A valuation shall be made by an actuary of the value on the date on which this section comes into force of—

(a)the assets of the fund established by the Board under section 27 of the 1961 Measure and known as the Church Workers Pension Fund, and

(b)the liabilities of that fund, and

(c)the liabilities of that fund in respect of deaconesses and licensed lay workers who—

(i)on that date are performing pensionable service, or

(ii)have before that date performed pensionable service, and are not on that date in receipt of a pension payable out of that fund,

after deducting from those liabilities any liabilities imposed on that fund in respect of voluntary contributions made by those members or in respect of assets transferred to the fund under pensions schemes related to the previous employment of those members,

and such proportion of the assets of the Church Workers Pension Fund as the value of the liabilities mentioned in paragraph (c) above bears to the value of the liabilities mentioned in paragraph (b) above shall be transferred to the Commissioners to be held by them as part of their corporate property.

18Amendments and repeals

(1)The enactments specified in Schedule 2 to this Measure shall have effect subject to the amendments specified in that Schedule, being minor amendments or amendments consequential on the preceding provisions of this Measure.

(2)The enactments specified in Schedule 3 to this Measure are hereby repealed to the extent specified in the third column of that Schedule.

19Citation, commencement and interpretation

(1)This Measure may be cited as the Church of England (Pensions) Measure 1988, and this Measure may be cited with the Clergy Pensions Measures 1961 to 1982 and the [1980 No. 1.] Deaconesses and Lay Workers (Pensions) Measure 1980 as the Church of England (Pensions) Measures 1961 to 1988.

(2)This Measure shall come into force on such date as the Archbishops of Canterbury and York may jointly appoint, and different dates may be appointed for different provisions.

(3)In this Measure “the 1961 Measure” means the [1961 No. 3.] Clergy Pensions Measure 1961.

(4)This Measure shall be construed as one with the 1961 Measure.

SCHEDULES

Section 1(2).

Schedule 1Rates of Pension Under Section 1 of Clergy Pensions Measure 1961

Part IRate where scheme member retires at or above the retiring age

1Subject to paragraph 2 below, the rate of pension of a scheme member who retires at or above the retiring age after having performed a qualifying period of pensionable service of 37 years or more of whole-time service shall be at the rate specified in the following table in relation to the last office held by the scheme member within the area to which this Measure applies—

OfficeRate
£
Archbishops of Canterbury and York10,660
Bishop of London9,594
Other diocesan bishops7,995
Suffragan bishops, deans, provosts and archdeacons6,663
Other scheme members5,330

2Where a scheme member has at any time held within the area to which this Measure applies an office in relation to which the rate of pension specified in paragraph 1 above is at a higher rate than that specified in relation to the last office held by him within that area, the scheme member shall be paid a pension at that higher rate.

3Where the qualifying period of pensionable service performed by a scheme member is less than 37 years, the rate of pension in respect of the whole-time service shall be calculated by adding together for each complete year of pensionable whole-time service 1/37th of the pension to which he would have been entitled under the foregoing provisions of this Schedule if he had performed 37 years' whole-time pensionable service; and where the whole-time pensionable service comprises a broken part of a year the rate shall be increased by adding, in respect of each complete month in the broken part, 1/12th of the amount payable in respect of a complete year.

4Where the qualifying period of pensionable service performed by a scheme member consists of or includes part-time service performed after 1st January 1987, such proportion of the rate of pension which would have been payable if that service had been whole-time as the Board may determine, in accordance with general directions of the Commissioners, shall be payable in respect of that service; except that in calculating the length of the qualifying period of pensionable service no account shall be taken of any year or part of a year in which the amount received by the scheme member in respect of stipendiary ecclesiastical service is less than such amount as the Board, with the concurrence of the Commissioners, may from time to time determine.

Part IIRate in cases of infirmity

5The rate of pension of a scheme member who retires before attaining the retiring age on the ground that he has become incapable through infirmity of performing the duties of his office shall be the rate of pension to which he would have been entitled if he had continued to perform until the retiring age pensionable service of the kind he was performing immediately before retirement and had then retired.

6The rate of pension of a scheme member who ceases to perform pensionable service before attaining the retiring age without receiving a pension in respect of that service and who subsequently before attaining that age satisfies the Board that he has become incapable through infirmity of performing pensionable service, shall be the rate of pension to which he would have been entitled if he had attained the retiring age on the date on which he ceased to perform pensionable service.

Part IIIRate where scheme member retires not more than five years before reaching retiring age otherwise than by reason of infirmity

7The rate of pension of a scheme member who, otherwise than by reason of infirmity, retires before attaining the retiring age but not more than five years before he would have attained that age shall be calculated by—

(a)ascertaining the rate of pension to which he would have been entitled under Part I of this Schedule if he had attained the retiring age on the date on which his pension begins to be payable, and

(b)deducting therefrom such amount as the Board, after obtaining the advice of an actuary, may with the concurrence of the Commissioners determine.

Section 18(1).

Schedule 2MINOR AND CONSEQUENTIAL AMENDMENTS

Part IAmendments to Clergy Pensions Measure 1961

1The [1961 No. 3.] Clergy Pensions Measure 1961 shall have effect subject to the amendments specified in paragraphs 2 to 20 below.

2In section 2 for the word “clerk” in each place where it occurs there shall be substituted the words “scheme member”.

3In section 3—

(a)in subsection (1) for the word “clerk” there shall be substituted the words “scheme member” and after the word “office” there shall be inserted the words “or that, having ceased to perform pensionable service before attaining the retiring age, he has become incapable through infirmity of performing such service”;

(b)in subsection (2) for the word “clerk” there shall be substituted the words “scheme member”.

4In section 6 for the word “clerk” in both places where it occurs there shall be substituted the words “scheme member”.

5In section 10B—

(a)in subsection (1) after the word “widow” there shall be inserted the word “widower”;

(b)in subsection (2) after the word “widows” in both places where it occurs there shall be inserted the word “widowers”, after the word “widow” there shall be inserted the word “widower”, for the words “deceased clerk's” in both places where they occur there shall be substituted the words “deceased scheme member's” and for the words “his period” there shall be substituted the words “the scheme member’s period”;

(c)in subsection (3) after the word “widow” there shall be inserted the word “widower”.

6In section 10C—

(a)for subsection (1) there shall be substituted the following subsection—

(1)Subject to the provisions of this section, in sections 10 and 10A of this Measure the expression “deceased scheme member’s pension” means—

(a)if at the date of death the scheme member was in receipt of a pension under this Measure, the pension received by the scheme member;

(b)if at the date of death the scheme member had attained the retiring age but was not in receipt of a pension under this Measure, the pension to which the scheme member would have been entitled if he or she had retired on the date of his or her death;

(c)if at the date of death the scheme member was performing pensionable service but had not attained the retiring age, the pension to which the scheme member would have been entitled if on that date the scheme member had retired on the ground that he or she had become incapable through infirmity of performing the duties of his or her office;

(d)if at the date of death the scheme member had ceased to perform pensionable service but had not attained the retiring age and was not in receipt of a pension under this Measure, the pension to which the scheme member would have been entitled if on that date he had become incapable through infirmity of performing pensionable service.;

(b)in subsection (2) for the word “clerk” in each place where it occurs there shall be substituted the words “scheme member”, after the word “widow” there shall be inserted the word “widower”, for the words “clerk’s pension” there shall be substituted the words “scheme member’s pension” and for paragraph (b) there shall be substituted the following paragraph—

(b)the pension to which the scheme member would have been entitled in respect of the period of pensionable service performed by the member if the scheme member had retired at the retiring age after having performed the same period of pensionable service.;

(c)in subsection (3) for the word “clerk” there shall be substituted the words “scheme member”.

7In section 18—

(a)for subsection (2) there shall be substituted the following subsection—

(2)The Board shall pay out of the said Fund all payments required to be made by them in respect of contributions or other sums received by them under section 11, 13, 14 or 15 of this Measure.;

(b)in subsection (3) for the words “Part II of this Measure” there shall be substituted the words “in respect of contributions or other sums received by them under section 11, 13, 14 or 15 of this Measure” and for the words from “for the reduction” to the end of the subsection there shall be substituted the words “for the increase of pensions or capital sums payable in respect of those contributions or other sums”.

8In section 20—

(a)in subsection (1) after the word “widow” there shall be inserted the word “widower” and after the word “widows” there shall be inserted the word “widowers”;

(b)in subsection (2) after the word “widow” there shall be inserted the word “widower”.

9In section 21—

(a)in subsection (3) for the words “not less than twenty-one or more than twenty-three” there shall be substituted the word “twenty-one” and the words from “and (c) not more than” to the end of the subsection shall be omitted;

(b)in subsection (5) for the words from “any other casual vacancy” to the end of the subsection there shall be substituted the words “any casual vacancy occurring among members elected by the General Synod shall be filled as soon as possible by the Standing Committee of the Synod by the appointment of a person ordinarily resident in the province in which the member replaced was ordinarily resident at the time of his election.”

10In section 24, in paragraph (b) for the words “Part II of this Measure” there shall be substituted the words “pensions or lump sum payments in respect of deceased clerks”.

11In section 28—

(a)in paragraph (a) after the word “widow” there shall be inserted the word “widower”;

(b)in paragraph (b) for the word “wives” there shall be substituted the word “spouses” and after the word “widows” there shall be inserted the word “widowers”.

12In section 29 for the words from “the Housing Act 1957” to the end of the section there shall be substituted the words “section 1(1) of the Housing Associations Act 1985.”

13In section 30—

(a)in subsection (1) after the word “widows” there shall be inserted the word “widowers”;

(b)in subsection (2) after the word “widows” there shall be inserted the word “widowers”.

14In section 34(1) for the words “other than any fund of the Clergy Pensions Institution” there shall be substituted the words “and also the accounts of any moneys received by the Board from the Commissioners under section 17(2) of this Measure”.

15In section 35—

(a)in subsection (3) for the word “clerk” there shall be substituted the words “scheme member”;

(b)in subsection (4) for the word “clerk” in each place where it occurs there shall be substituted the words “scheme member” and after the word “widow” in both places where it occurs there shall be inserted the word “widower”.

16In section 38—

(a)in subsection (1)(a) after the word “clerk” there shall be inserted the words “deaconess or licensed lay worker”;

(b)for the word “clerk” in each place where it occurs except in subsection (1)(a) there shall be substituted the words “scheme member”;

(c)after the word “widow” in subsection (1)(g) there shall be inserted the word “widower”.

17In section 40—

(a)in subsections (1), (2) and (3)(a) for the words “and dependants of deceased clerks” there shall be substituted the words “widowers and dependants of deceased clerks, deaconesses or licensed lay workers”;

(b)in subsection (3)(b) after the word “widows” there shall be inserted the word “widowers”.

18In section 41—

(a)in subsection (1) after the word “widows” there shall be inserted the word “widowers”, in paragraph (a) for the word “clerk” there shall be substituted the words “scheme member”, and in paragraph (b) after the word “clerk” there shall be inserted the words “deaconess or licensed lay worker” and after the word “widow” in both places where it occurs there shall be inserted the word “widower”;

(b)in subsection (2) for the word “clerk” in both places where it occurs there shall be substituted the words “scheme member” and after the word “widow” there shall be inserted the word “widower”.

19In section 42—

(a)in subsection (1) after the word “widows” there shall be inserted the word “widowers”, for the word “clerk” in both places where it occurs there shall be substituted the words “scheme member” and in paragraph (b) after the word “widow” in both places where it occurs there shall be inserted the word “widower”;

(b)in subsection (2) for the word “clerk” in both places where it occurs there shall be substituted the words “scheme member” and after the word “widow” there shall be inserted the word “widower”.

20In section 46(1)—

(a)at the end of the definition of “clerk in Holy Orders” there shall be inserted the words “and “clerk” means a clerk in Holy Orders”;

(b)after the definition of “Episcopal Pensions Measures” there shall be inserted the following definition—

“licensed lay worker” means a person who has been admitted by a bishop as a lay worker of the Church of England and who has been authorised by a bishop by licence to serve as such a worker, and includes a person who has been so admitted and has been so authorised otherwise than by licence if on the date on which section 1 of the Church of England (Pensions) Measure 1988 comes into force he was a member of the Church Workers Pension Fund;

(c)after the definition of “retiring age” there shall be inserted the following definition—

“scheme member” has the meaning assigned to it by the said section one.

Part IIAmendments of other Measures

Clergy Pensions (Amendment) Measure 1972

21In section 3 of the [1972 No. 5.] Clergy Pensions (Amendment) Measure 1972—

(a)in subsection (1) for the word “clerk” there shall be substituted the words “scheme member” and after the word “office” there shall be inserted the words “or that, having ceased to perform pensionable service before attaining the retiring age, he has become incapable through infirmity of performing such service”;

(b)in subsection (2) for the word “clerk” in each place where it occurs there shall be substituted the words “scheme member”.

Incumbents (Vacation of Benefices) Measure 1977

22In section 14(1) of the [1977 No. 1.] Incumbents (Vacation of Benefices) Measure 1977 for the words “Clergy Pensions Measures 1961 to 1972” there shall be substituted the words “Church of England (Pensions) Measures 1961 to 1988.”

[1980 No. 1.] Deaconesses and Lay Workers (Pensions) Measure 1980

23In section 1(1) of the Deaconesses and Lay Workers (Pensions) Measure 1980 in paragraph (a) for the words “and widows” there shall be substituted the words “widows and widowers”.

[1980 No. 2.] Diocese in Europe Measure 1980

24In section 5 of the Diocese in Europe Measure 1980—

(a)in subsection (1) for the words “Clergy Pensions Measures 1961 to 1972” there shall be substituted the words “Church of England (Pensions) Measures 1961 to 1988”, in paragraph (a) the words from “and accordingly” to the end of the paragraph shall be omitted and in paragraph (b) for the words “said Measure of 1961” there shall be substituted the words “Clergy Pensions Measure 1961”;

(b)subsection (2) shall be omitted.

Part IIIAmendments of instruments Clergy Pensions (Amendment) Regulations 1975

25For regulation 3 of the [1975 No. 136.] Clergy Pensions (Amendment) Regulations 1975 there shall be substituted the following regulation—

3For the removal of doubt it is hereby declared that a scheme member who—

(a)before attaining the retiring age ceases to perform pensionable service, and

(b)on the date on which he attains that age is neither performing such service nor in receipt of a pension under the Church of England (Pensions) Measures 1961 to 1988,

is to be deemed for the purposes of those Measures, any rules made thereunder and these regulations to have retired on that date.

26In regulation 5(2) of those Regulations for the words “Clergy Pensions Measures 1961 to 1972” there shall be substituted the words “Church of England (Pensions) Measures 1961 to 1988.”

Clergy Occupational Pensions Scheme Regulations 1977

27The [1977 No. 1146.] Clergy Occupational Pensions Scheme Regulations 1977 shall have effect subject to the amendments specified in paragraphs 28 to 33 below.

28In regulations 2, 4, 5, 6 and 7 for the word “clerk” wherever it occurs there shall be substituted the words “scheme member”.

29In regulation 1 in paragraph (2) for the definition of “the Scheme” there shall be substituted—

“the Scheme” means the provisions relating to pensions for clergy, deaconesses and licensed lay workers and their widows, widowers and dependants contained in the Church of England (Pensions) Measures 1961 to 1988, any rules made under section 3 of the Clergy Pensions (Amendment) Measure 1967 and any regulations made under section 6(1) of the Clergy Pensions (Amendment) Measure 1972, including these regulations, and known as the Church of England Pensions Scheme;

30In regulation 2—

(a)in paragraph (2) for sub-paragraph (b) there shall be substituted—

(b)if the scheme member dies at any time and leaves a widow or widower, the weekly rate of pension provided for the surviving spouse under the scheme shall not be less than half that guaranteed minimum.;

(b)in paragraph (3) for sub-paragraph (b) there shall be substituted—

(b)if the scheme member dies at any time and leaves a widow or widower, the surviving spouse shall be entitled to a pension under the scheme, the weekly rate of which is equal to half the guaranteed minimum.;

(c)at the end of the regulation there shall be added the following paragraph—

(5)Any reference in this regulation to a scheme member’s guaranteed minimum shall, so far as it is attributable to the scheme member’s earnings after 5th April 1988, be a reference to that minimum as increased in accordance with the requirements of section 37A of the Act and to the extent of any orders made under that section.

31In regulation 4—

(a)for the words “regulation 3 above” wherever they occur in paragraphs (1), (3) and (4) there shall be substituted the words “this regulation”;

(b)in paragraph (4) for the words “section 35(6) of the Act” there shall be substituted the words “section 35(6), (6A) and (6B) of the Act”.

(c)at the end of the regulation there shall be added the following paragraph—

(5)This regulation applies to a scheme member who retires after performing a qualifying period of pensionable service in employment which in relation to him is contracted out employment by reference to the Scheme.

32In regulation 5 for paragraph (1) there shall be substituted the following paragraph—

(1)This regulation applies to a scheme member to whom regulation 4 above applies and who—

(a)in the case of a clerk, is deemed under section 14 of the Incumbents (Vacation of Benefices) Measure 1977 (pension of incumbent found to be unable to perform duties attaching to benefice) to have become incapable through infirmity of performing the duties of his office, or

(b)in the case of any scheme member, ceases to perform pensionable service before attaining the retiring age without receiving a pension in respect of that service and subsequently before attaining that age satisfies the Board that he has become incapable through infirmity of performing pensionable service.

33In regulation 6—

(a)in paragraph (1) after the word “widow” there shall be inserted the words “or widower”;

(b)for paragraph (5) there shall be substituted the following paragraph—

(5)So much of subsection (4) of section 10 of the 1961 Measure as empowers the Church of England Pensions Board to discontinue the payment of a pension to a widow or widower who remarries shall, in relation to a widow or widower to whom this regulation applies, apply only in respect of the amount (if any) by which the widow’s or widower’s pension exceeds her or his guaranteed minimum.

Clergy Pensions (Amendment) Regulations 1981

34In Regulation 2 of the [1981 No. 962.] Clergy Pensions (Amendment) Regulations 1981—

(a)in paragraph (1) after the word “widow” there shall be inserted the word “widower”;

(b)in paragraph (2) for the words “Clergy Pensions Measures 1961 to 1972” there shall be substituted the words “Church of England (Pensions) Measures 1961 to 1988.”

Section 18(2).

SCHEDULE 3Enactments Repealed

Measures

ChapterShort titleExtent of repeal
1961 No. 3.The Clergy Pensions Measure 1961.Sections 11 to 14.
In section 26, paragraph (e) of subsection (1).
In section 32, subsections (4) to (7), (9) and (10).
Section 39.
1967 No. 1.The Clergy Pensions (Amendment) Measure 1967.Section 1.

Instruments

NumberTitleExtent of repeal
1975 No. 136.The Clergy Pensions (Amendment) Regulations 1975.Regulations 2 and 4.
1977 No. 1146.The Clergy Occupational Pensions Scheme Regulations 1977.In regulation 1, in paragraph (2) the definitions of “salary” and “scheme year” and paragraphs (3) and (4).
Regulation 3.
In regulation 6, paragraphs (2), (3) and (4).
In regulation 9, paragraphs (2), (3) and (4) and in paragraph (5) the words “(2) and (4)”.

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